Contents

Regulations

1Title and commencement

(1)These regulations
may be cited as the Community Magistrates Regulations 1998.

(2)These regulations
come into force on 21 September 1998.

2Publicity

Where it is
proposed to appoint a Community Magistrate (other than the Chief Community
Magistrate), the Secretary for Justice must, by such publicity as
the Secretary for Justice considers appropriate, give notice of—

(a)the proposal to appoint a Community Magistrate;
and

(b)the manner in which any person wishing
to be appointed as a Community Magistrate may apply to be appointed;
and

(c)the manner in which applications are
to be processed.

3Assessment of applicants for appointment

The Secretary
for Justice (or such persons as the Secretary for Justice nominates
for the purpose) must—

(a)assess the applicants for appointment
as Community Magistrates; and

(b)include on a short list the names of
the applicants who are to be interviewed.

4Panel

(1)The interviews
must be conducted by a panel consisting of—

(a)the Secretary for Justice or his or her
nominee:

(b)the Chief District Court Judge or a District
Court Judge nominated by the Chief District Court Judge:

(c)the Chief Community Magistrate:

(d)the President of the New Zealand Law
Society or his or her nominee.

(2)The Secretary
for Justice must convene the panel.

(3)The quorum
necessary for the transaction of business at any meeting of a panel
is 2 members, one of whom must be the Chief District Court Judge or
his or her nominee or the Chief Community Magistrate.

5Recommendations of panel

When the panel
has completed its assessment of the applicants, the panel must give
to the Minister of Justice the names of those applicants whom the
panel considers provisionally to be persons qualified for appointment
as Community Magistrates and must recommend that the Minister of Justice
approve those persons as persons suitable to undertake a course of
training.

6Course of training

The persons
approved pursuant to the recommendation made under regulation 5 must, before being
designated under regulation 7 as persons qualified
for appointment as Community Magistrates, complete satisfactorily
a course of training, approved by the Chief District Court Judge,
in relation to the discharge of the duties of a Community Magistrate.

7Designations

(1)Where the
Chief District Court Judge certifies that a person approved pursuant
to the recommendation made under regulation 5 has completed the
course of training satisfactorily, the Secretary for Justice must
report to the Minister of Justice that that person has been designated
as a person qualified for appointment as a Community Magistrate.

(2)Where the
Chief District Court Judge certifies that a person approved pursuant
to the recommendation made under regulation 5 has not completed
the course of training satisfactorily, the Secretary for Justice must
inform that person accordingly.

8Advice of Minister

The Minister
of Justice must consider the names of the persons designated under regulation 7(1) as persons qualified
for appointment as Community Magistrates and must advise the Governor-General
which of those persons the Minister of Justice recommends for appointment
as Community Magistrates.

9Procedure

Subject to these
regulations, the panel convened under regulation 4 may regulate its
procedure in such manner as it thinks fit.

Marie Shroff,Clerk of the Executive
Council.

Explanatory note

This note is
not part of the regulations, but is intended to indicate their general
effect.

These
regulations, which come into force on 21 September 1998, specify
the manner in which persons may be designated as persons qualified
for appointment as Community Magistrates. These regulations do not
apply in relation to the Chief Community Magistrate.

Contents

4Changes
made under section 17C of the Acts and Regulations Publication Act
1989

5List
of amendments incorporated in this reprint (most recent first)

Notes

1General

This is a reprint of the Community Magistrates Regulations
1998. The reprint incorporates all the amendments to the regulations
as at 21 August 1998, as specified in the list of amendments
at the end of these notes.

Relevant provisions of any amending enactments that contain
transitional, savings, or application provisions that cannot be compiled
in the reprint are also included, after the principal enactment, in
chronological order. For more information, seehttp://www.pco.parliament.govt.nz/reprints/.

2Status of reprints

Under section 16D of the Acts and Regulations Publication
Act 1989, reprints are presumed to correctly state, as at the date
of the reprint, the law enacted by the principal enactment and by
the amendments to that enactment. This presumption applies even though
editorial changes authorised by section 17C of the Acts and Regulations
Publication Act 1989 have been made in the reprint.

This presumption may be rebutted by producing the official
volumes of statutes or statutory regulations in which the principal
enactment and its amendments are contained.

3How reprints are prepared

A number of editorial conventions are followed in the
preparation of reprints. For example, the enacting words are not included
in Acts, and provisions that are repealed or revoked are omitted.
For a detailed list of the editorial conventions, seehttp://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New
Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations
in Force.

4Changes made under section 17C of the Acts and Regulations
Publication Act 1989

Section
17C of the Acts and Regulations Publication Act
1989 authorises the making of editorial changes in a reprint as set
out in sections
17D and 17E of that Act so that, to the
extent permitted, the format and style of the reprinted enactment
is consistent with current legislative drafting practice. Changes
that would alter the effect of the legislation are not permitted.

A new format of legislation was introduced on 1 January
2000. Changes to legislative drafting style have also been made since
1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation
reprinted after 1 January 2000 is in the new format for legislation
and reflects current drafting practice at the time of the reprint.

In outline, the editorial changes made in reprints under
the authority of section 17C of the Acts and Regulations Publication
Act 1989 are set out below, and they have been applied, where relevant,
in the preparation of this reprint:

•omission of unnecessary referential words (such as “of this section” and “of this Act”)

•typeface and type size (Times Roman, generally in 11.5 point)

•layout of provisions, including:

•indentation

•position of section headings (eg, the number and heading now appear
above the section)

•format of definitions (eg, the defined term now appears in bold type,
without quotation marks)

•format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

•position of the date of assent (it now appears on the front page
of each Act)

•punctuation (eg, colons are not used after definitions)

•Parts numbered with roman numerals are replaced with arabic numerals,
and all cross-references are changed accordingly

•case and appearance of letters and words, including:

•format of headings (eg, headings where each word formerly appeared
with an initial capital letter followed by small capital letters are
amended so that the heading appears in bold, with only the first word
(and any proper nouns) appearing with an initial capital letter)

•small capital letters in section and subsection references are now
capital letters

•schedules are renumbered (eg, Schedule 1 replaces First Schedule),
and all cross-references are changed accordingly

•running heads (the information that appears at the top of each page)

•format of two-column schedules of consequential amendments, and schedules
of repeals (eg, they are rearranged into alphabetical order, rather
than chronological).